Nidal Hasan’s Beard – It’s Still There – Still Against Military Regs – He Still Gets Paid: Fear of Military Retrial or Appeals

Judge Gregory Gross (US Army Colonel) was removed from Nidal Hasan’s trial because he (Gross) was believed to be biased against Hasan. Gross’ decision that Hasan’s beard would be forcibly shaven was also overturned by the U.S. Court of Appeals for the Armed Forces. 1) Hasan was sans beard before he turned killer, 2) the beard is against Military regulations unless you are in some type of special ops unit and need a beard for covert operations and 3) Hasan is still drawing a paycheck. Look how convoluted this is:

Nidal Malik Hasan

Nidal Malik Hasan

The ruling Monday by the military’s highest court said the command, not a judge, is responsible for enforcing grooming standards, which means another judge isn’t likely to order Hasan to shave, some military law experts said…

“This ruling will have a chilling effect on the future judge because he or she … will not pursue this beard issue any longer, and the appeals court still hasn’t answered the key question of whether Hasan has to comply with military regulations and shave like every other military officer,” said Jeff Addicott, director of the Center for Terrorism Law at St. Mary’s University School of Law in San Antonio…”But on the flip side, the jury is going to see him in a full beard and may think he is motivated by radical Islamic beliefs. That’s what prosecutors and the judge (Gross) were trying to prevent.” Huffington Post December 2012

The beard issue was first addressed on June 8, 2012

In the case of U.S. vs. Maj. Nidal Malik Hasan, the trial judge, Col. Gregory Gross delayed pre-trial motions in the Lawrence J. Williams Judicial Center here. The military judge stated on the record that the accused appeared in court with a beard in violation of Army Regulation 670-1 and Rules for Court-Martial 804(e)(1), specifically paragraph 1-8(c). The military judge stated that the appearance of the accused was a disruption to the court proceedings. As a result, the military judge delayed pre-trial motions until the near future, when either a closed circuit feed can be set up for the accused to watch the hearings from outside the court room or the accused complies with court order to appear with proper military grooming standards.

The beard was a continued disruption for months and the fact that the beard was still there went “on the record” each time he appeared in court. By July 25, 2012 Hasan was held in “contempt of court” and fined $1,000.00. August 9, 2012 he was again held in contempt and fined $1,000.00, again on August 14th, 15th, 17th, and 30th.

By December 3, 2012, Gross was removed from the case:

In an opinion dated Dec. 3, the highest military appellate court ordered the removal of Col. Gregory Gross, trial judge in the Maj. Nidal M. Hasan court martial, here for the appearance of bias. The Court of Appeals for the Armed Forces, which sits in Washington, D.C., said in its 10-page opinion that because of a variety of factors, a reasonable person “would harbor doubts about the military judge’s impartiality.” The court did not say that the trial judge was actually biased, but instead ordered the removal for the appearance of bias. The court also set aside the six previous contempt convictions against Hasan.

Protected Species The "Devout" Muslim Killer, Nidal Hasan - beneficiary of Affirmative Action

Protected Species The “Devout” Muslim Killer, Nidal Hasan – beneficiary of Affirmative Action

To lighten the mood of the dispirited – some pith:

Indeed the multiculturalist appeal circus was able to pull the multicultural rabbit out of the hat. Those multiculturalists can be so cute! Turns out those cuties found the rabbit in Hasan’s beard! Yes Hasan’s beard is the sweet spot such that it was prejudicial for Gross to demand that Army regulations be upheld, and yet those cuties explicitly avoided “ruling on whether the judge’s order [to shave Hasan’s beard] violated Hasan’s religious rights.” No, that’s the job for the Ninth Circus Court of Appeals. For right now, this circus court is just here to find the sweet spot to celebrate Islamophilia.

A courtroom sketch of military judge Colonel Tara Osborn presiding at the court martial of U.S. Army Major Nidal Hasan at Fort Hood, Texas July 9, 2013. Hasan, 42, an American-born Muslim, is accused of killing 13 soldiers in a 2009 Fort Hood shooting rampage. (Brigitte Woosley/Reuters)

A courtroom sketch of military judge Colonel Tara Osborn presiding at the court martial of U.S. Army Major Nidal Hasan at Fort Hood, Texas July 9, 2013. Hasan, 42, an American-born Muslim, is accused of killing 13 soldiers in a 2009 Fort Hood shooting rampage. (Brigitte Woosley/Reuters)

Judge (Colonel) Tara Osborn was given the case on December 3, 2012. She held a pre-trial hearing to bring her up-to-date on trial status:

Osborn also briefly discussed Hasan’s beard at the hearing, asking Hasan if he wore the beard of his own free will and if he agreed to waive issues surrounding the beard and panel selection. Hasan answered both questions in the affirmative.

Presumably, his waiving of “issues surrounding the beard” means he agrees that if the jury panel sees the beard as an outward expression of radicalism or extremism, it’s not a problem and he and/or his attorneys have waived the right to a retrial or appeal on that issue. Can’t wait to see how that plays out.

Presumably, a claim of mental illness at any time in the trial will be rejected as Judge Osborn granted him the right to serve as his own attorney.

The verdict, short of acquittal, will be appealed. He cannot plead guilty because this is a death penalty case. There has not been an execution since 1961. Five men are on death row at Fort Leavenworth, Kansas, four of them awaiting endless appeals – one of the four was sentenced to death in 1988.

I will be posting daily throughout Hasan’s trial. A database of information on background, the murders and the victims, and the trial as it moves along, can be found under my banner tab “Fort Hood Jihad.” The video below are victim stories. I’ll probably put it in every post on Hasan until the door in Leavenworth is slammed shut behind his wheelchair.

In the event you have any doubts, Major Nidal Malik Hasan is “innocent until or unless proven guilty.”

 The Surviving Victims of Nidal Hasan Speak (video)